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38 U.S.C. § 3241 — Requirements

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3241 — Requirements

**(a)** (1) The provisions of sections 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty. (2) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education. **(b)** The Secretary may approve the pursuit of flight training (in addition to a course of flight training that may be approved under [section 3680A(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680A/b&num=0&edition=prelim)) by an individual entitled to basic educational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid pilot certificate and meets, on the day the indiv

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Source file: Laws/federal/codes/united-states-code/title-38/section-3241-requirements--e192122b29.md
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Source location: Title 38, Chapter 32, § 3241; chapter-032-post-vietnam-era-veterans-educational-assistance.md

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**(a)** (1) The provisions of sections 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty. (2) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education. **(b)** The Secretary may approve the pursuit of flight training (in addition to a course of flight training that may be approved under [section 3680A(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680A/b&num=0&edition=prelim)) by an individual entitled to basic educational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and (3) the flight school courses meet Federal Aviation Administration standards for such courses and are approved by the Federal Aviation Administration and the State approving agency. **(c)** The provisions of sections 3470, 3471, 3474, 3476, 3483, and 3491(a) (other than clause (1)) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education following discharge or release from active duty.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3201 — Purpose

It is the purpose of this chapter (1) to provide educational assistance to those men and women who enter the Armed Forces after December 31, 1976, and before July 1, 1985, (2) to assist young men and women in obtaining an education they might not otherwise be able to afford, and (3) to promote and assist the all volunteer military program of the United States by attracting qualified men and women to serve in the Armed Forces.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3224 — Death of participant

In the event of a participant’s death, the amount of such participant’s unused contributions to the fund shall be paid to the living person or persons first listed below: (1) The beneficiary or beneficiaries designated by such participant under such participant’s Servicemembers’ Group Life Insurance policy. (2) The surviving spouse of the participant. (3) The surviving child or children of the participant, in equal shares. (4) The surviving parent or parents of the participant, in equal shares. If there is no such person living, such amount shall be paid to such participant’s estate.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3231 — Entitlement; loan eligibility

**(a)** (1) Subject to the provisions of [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limiting the aggregate period for which any person may receive assistance under two or more programs of educational or vocational assistance administered by the Department of Veterans Affairs, a participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of part-time benefits). (2) Except as provided in paragraph (5)(E) of this subsection and in subsection (e) of this section and [section 3233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3233&num=0&edition=prelim) and subject to [section 3241 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3241&num=0&edition=prelim), the amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary of Defense, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran. (3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty. (4) Payment of benefits under this chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of act

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3034 — Program administration

**(a)** (1) Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of this title and the provisions of subchapters I and II of chapter 36 of this title (with the exception of sections 3680(c), 3680(f), 3686(a), and 3687) shall be applicable to the provision of educational assistance under this chapter. (2) The term “eligible veteran”, as used in the provisions of the sections enumerated in paragraph (1) of this subsection, shall be deemed to include an individual who is eligible for educational assistance under this chapter. (3) The Secretary may, without regard to the application to this chapter of so much of the provisions of [section 3471 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3471&num=0&edition=prelim) as prohibit the enrollment of an eligible veteran in a program of education in which the veteran is “already qualified”, and pursuant to such regulations as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills or be instructed in the technological advances which have occurred in the individual’s field of employment during and since the period of such veteran’s active military service), deficiency courses, or other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education. **(b)** Regulations prescribed by the Secretary of Defense under this chapter shall be uniform for the Armed Forces under the jurisdiction of the Secretary of a military department. **(c)** Payment of educational assistance allowance in the case of an eligible individual pursuing a pro

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 16136 — Administration of program

**(a)** Educational assistance under this chapter shall be provided through the Department of Veterans Affairs, under agreements to be entered into by the Secretary of Defense, and by the Secretary of Homeland Security, with the Secretary of Veterans Affairs. Such agreements shall include administrative procedures to ensure the prompt and timely transfer of funds from the Secretary concerned to the Department of Veterans Affairs for the making of payments under this chapter. **(b)** Except as otherwise provided in this chapter, the provisions of sections 3470, 3471, 3474, 3476, 3482(g), 3483, and 3485 of title 38 and the provisions of subchapters I and II of chapter 36 of such title (with the exception of sections 3686(a), 3687, and 3692) shall be applicable to the provision of educational assistance under this chapter. The term “eligible veteran” and the term “a person”, as used in those provisions, shall be deemed for the purpose of the application of those provisions to this chapter to refer to a person eligible for educational assistance under this chapter. **(c)** The Secretary of Veterans Affairs may approve the pursuit of flight training (in addition to a course of flight training that may be approved under [section 3680A(b) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680A/b&num=0&edition=prelim)) by an individual entitled to educational assistance under this chapter if— (1) such training is generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation; (2) the individual possesses a valid private pilot certificate and meets, on the day the individual begins a course of flight training, the medical requirements necessary for a commercial pilot certificate; and (3

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3471 — Applications; approval

Any eligible veteran, or any person on active duty (after consultation with the appropriate service education officer), who desires to initiate a program of education under this chapter shall submit an application to the Secretary which shall be in such form, and contain such information, as the Secretary shall prescribe. The Secretary shall approve such application unless the Secretary finds that (1) such veteran or person is not eligible for or entitled to the educational assistance for which application is made, (2) the veteran’s or person’s selected educational institution or training establishment fails to meet any requirement of this chapter or chapter 36 of this title, (3) the veteran’s or person’s enrollment in, or pursuit of, the program of education selected would violate any provision of this chapter or chapter 36 of this title, or (4) the veteran or person is already qualified, by reason of previous education or training, for the educational, professional, or vocational objective for which the program of education is offered. The Secretary shall not treat a person as already qualified for the objective of a program of education offered by a qualified provider of entrepreneurship courses solely because such person is the owner or operator of a business. The Secretary shall notify the veteran or person of the approval or disapproval of the veteran’s or person’s application.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3241 — Requirements

Page 717 TITLE 38—VETERANS’ BENEFITS § 3241 of the monthly benefit payment otherwise payable to such individual under this chapter; (2) for each of the second six months of the individual’s pursuit of such program, 55 per- cent of such monthly benefit payment; and (3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment. (b) In any month in which an individual pur- suing a program of education consisting of a program of apprenticeship or other on-job train- ing fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this sec- tion as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. (c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— (1) 75 percent of a month in the case of pay- ments made in accordance with subsection (a)(1) of this section; (2) 55 percent of a month in the case of pay- ments made in accordance with subsection (a)(2) of this section; and (3) 35 percent of a month in the case of pay- ments made in accordance with subsection (a)(3) of this section. (d) For any month in which an individual fails to complete 120 hours of training, the entitle- ment otherwise chargeable under subsection (c) of this section shall be reduced in the same pro- portion as the monthly benefit payment payable is reduced under subsection (b) of this section. (Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 32

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